Escobar v. Brewer et al

Filing 39

RESPONSE to Request for Transfer/Consolidation by Defendant City of Phoenix. (Verburg, Gary)

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OFFICE OF THE CITY ATTORNEY 200 West Washington, Suite 1300 Phoenix, Arizona 85003-1611 [phone]

OFFICE OF THE CITY ATTORNEY GARY VERBURG, City Attorney State Bar No. 005515 200 West Washington, Suite 1300 Phoenix, Arizona 85003-1611 Telephone [phone] [e-mail] Elaine K. Cardwell No. 006830 Chief Counsel Attorneys for City of Phoenix IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA MARTIN H. ESCOBAR, Plaintiff, vs. JAN BREWER, Governor of the State of Arizona, in her Official and Individual Capacity; and THE CITY OF TUCSON, a municipal corporation, Defendants. DAVID SALGADO and CHICANOS POR LA CAUSA, INC., Plaintiffs, vs. JAN BREWER, individually and in her capacity as Governor of Arizona, and the CITY OF PHOENIX, an Arizona municipal corporation, Defendants. 1 No. CV 10-00951-PHX-ROS DEFENDANT CITY OF PHOENIX'S RESPONSE TO REQUEST FOR TRANSFER/CONSOLIDATION No. CV10-00249-TUC-DCB

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OFFICE OF THE CITY ATTORNEY 200 West Washington, Suite 1300 Phoenix, Arizona 85003-1611 [phone]

Including this case, there are currently five cases which challenge the validity of Arizona's recently enacted Senate Bill 1070. (Frisancho v. Brewer, et al., No. CV 10-000926-PHX-SRB; National Coalition of Latino Clergy & Christian Leaders v. State of Arizona, et al., No. CV 10-00943-PHX-SRB; Escobar v. Brewer, No. CV 10-00249-TUC-DCB; Salgado, et al. v. Brewer, et al No. CV 10-00951-PHXROS; and Friendly House v. Whiting, No. CV 10-01061-PHX-MEA.) All of these cases, while perhaps facing different standing issues, challenge the Constitutional validity of Senate Bill 1070 on the grounds that the Arizona law is preempted by federal law. While other legal theories are also raised in the various complaints, many of these other Constitutional claims are raised in most, if not all, of the complaints as well. Given the commonality of these legal claims, it makes sense to have all of these cases heard by one judge to avoid the possibility of inconsistent judicial determinations. For this reason, the City of Phoenix does not object to the transfers or consolidations of these various actions before one judge. RESPECTFULLY SUBMITTED this 14th day of June, 2010. GARY VERBURG, CITY ATTORNEY

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By s/ Gary Verburg Gary Verburg City Attorney Elaine K. Cardwell Chief Counsel 200 West Washington, Suite 1300 Phoenix, Arizona 85003-1611 Attorneys for City of Phoenix

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OFFICE OF THE CITY ATTORNEY 200 West Washington, Suite 1300 Phoenix, Arizona 85003-1611 [phone]

CERTIFICATE OF SERVICE I hereby certify that on June 14, 2010, I electronically transmitted the foregoing document to the Clerk of the Court using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants on record: Stephen Montoya Augustine B. Jimenez III Montoya Jimenez, P.A. The Great American Tower 3200 North Central Avenue, Suite 2550 Phoenix, Arizona 85012 Richard M. Martinez Law Office of Richard M. Martinez 307 South Convent Avenue Tucson, Arizona 85701 Michael Rankin, City Attorney City of Tucson Michael W.L. McCoy Principal Assistant City Attorney P.O. Box 2710 Tucson, Arizona 8527-26-7210 Attorneys for the City of Tucson Robert A. Henry John J. Bouma Snell & Wilmer L.L.P. 400 East Van Buren Phoenix, Arizona 85004-2202 Joe Kanefield Arizona Office of the Governor 1700 West Washington, 9th Floor Phoenix, Arizona 85007 Attorneys for Defendant Jan Brewer /// /// ///

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OFFICE OF THE CITY ATTORNEY 200 West Washington, Suite 1300 Phoenix, Arizona 85003-1611 [phone]

Mary R. O'Grady Solicitor General Christopher A. Munns Assistant Attorney General 1275 West Washington Street Phoenix, Arizona 85007-2997 Attorneys for the State of Arizona COPY of the foregoing emailed this 14th day of June 2010 to: Barbara LaWall County Attorney-Pima County c/o Regina Nassen & Amelia Cramer 32 North Stone, Suite 1400 Tucson, Arizona 85701 [e-mail] [e-mail] Defendant

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By s/Marsha Spencer

GV:ms 866244

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